Complaint Regarding the Israeli Actions Against the Maritime Flotilla for the Gaza Strip

Abstract

War and armed conflict — International armed conflict — Non-international armed conflict — Status of armed conflict — Law of armed conflict — Armed conflict at sea — Whether armed conflict between non-State organization and Israel — Terrorism — Use of terrorist methods — Relevance — Prerequisites for determining existence of armed conflict — Whether necessary to determine whether armed conflict international or non-international in character — Distinction between war crime and ordinary crime — War crimes — Nexus requirement — Attack in law governing conduct of hostilities — Military objective — Law governing armed conflict at sea — Right to a naval blockade — Status of merchant vessel breaching naval blockade — Status of goods on merchant vessel breaching naval blockade — Contraband — Enforcement of naval blockade on high seas — Naval blockade in law of international armed conflict — Non-international armed conflict — Whether power to impose a naval blockade applicable — Distinction between members of non-State organized armed groups and civilians — Journalists and war correspondents — Civilian taking a direct part in hostilities — Proportionality — International criminal law — Humanitarian assistance and peacekeeping missions — Wilfully causing great suffering and serious injury to body or health — Deportation and forcible transfer — Humiliating and degrading treatment — Unjustifiably delaying return home of a person detained after enforcement of naval blockade — Pillaging and unlawfully destroying, appropriating or seizing property — Crimes against humanity — Contextual element of widespread or systematic attack against any civilian population — Person hors de combat in law of armed conflict and international criminal law — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationals

International criminal law — War crimes — Crimes against humanity — Law of armed conflict — Armed conflict at sea — Humanitarian assistance and peacekeeping missions — Wilfully causing great suffering and serious injury to body or health — Deportation and forcible transfer — Humiliating and degrading treatment — Unjustifiably delaying return home of a person detained after enforcement of naval blockade — Pillaging and unlawfully destroying, appropriating or seizing property — Crimes against humanity — Contextual element of widespread or systematic attack against any civilian population — Person hors de combat — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationals

Sea — Armed conflict at sea — Treaties — Customary international law — Right to a naval blockade — Legal prerequisites — Status of merchant vessel breaching naval blockade — Status of goods on merchant vessel breaching naval blockade — Contraband — Enforcement of naval blockade on high seas — Naval blockade in law of armed conflict — Whether power to impose a naval blockade applicable — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationals

Jurisdiction — Universal jurisdiction — Extraterritorial jurisdiction in case of attack on marine traffic — Passive personality principle — Law of Germany including discretion not to exercise universal jurisdiction — Immunity from foreign criminal jurisdiction — The law of Germany